Manju And Another v. Khilar Singh And Others

CR No.9613 of 2025

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Civil Revision No.9613 of 2025 Date of decision: December 22nd, 2025 Manju and another .....Petitioners

Versus

Khilar Singh and others .....Respondents

CORAM:

HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr. Vaibhav Parashar, Advocate for the petitioners.

VIKAS BAHL, J. (ORAL) 1.

This is a civil revision petition under Article 227 of the Constitution of India for setting aside/modifying the order dated 24.09.2025 (Annexure P-11) passed by the Civil Judge (Junior Division), Faridabad, whereby the application under Order VII Rule 11 CPC filed by the petitioners has been partly allowed.

2.

Learned counsel for the petitioners has submitted that since in the impugned order, it has been stated that the question of limitation is a mixed question of law and facts, which can be decided after taking evidence of both the parties and the same is a triable issue, thus, the petitioners be permitted to withdraw the present petition with liberty to raise all the pleas including the plea of limitation in their written statement. It is prayed that in case the said objection is taken in the written statement, then the said objection be considered independently dehors of the observations made in the impugned order.

3.

Keeping in view the abovesaid facts and circumstances, the PUNEET SACHDEVA 2025.12.23 09:49 I attest to the accuracy and authenticity of this document Chandigarh

CR No.9613 of 2025 petitioners are permitted to withdraw the present petition with liberty to raise all pleas including the plea of limitation in the said written statement. In case any such plea of limitation is taken in the written statement, the trial Court would consider the said plea along with all the other pleas taken by the parties and would adjudicate upon the same at the stage of final decision, dehors of the observations made in the impugned order, independently after taking into consideration the evidence and the pleadings of the parties. December 22nd, 2025 (VIKAS BAHL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2025.12.23 09:49 I attest to the accuracy and authenticity of this document Chandigarh